The URL can be used to link to this page

Home My WebLink About02021999BOA City of Sebastian 1225 MAIN STREET F1 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAiN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING FEBRUARY 2, 1999, AT 7:00 P.M. IN TI-IE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE. GROZA BUILDERS, I-NC., IN REGARDS TO LOT 20, BLOCK 315, SEBASTIAN HIGHLANDS UNIT 13, IS REQUESTING A VARIANCE TO ALLOW A SEPTIC SYSTEM WITHIN TI-IE REAR YARD, WHEREAS ~ CODE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN A FRONT OR SIDE YARD. APPLICANT IS ALSO REQUESTING A VARIANCE TO ALLOW A WELL IN TI-IE FRONT YARD, WHEREAS TI-IE CODE WOULD REQUI/~ TI-IE WELL TO BE LOCATED WlTI-IIN EITHER Ti-IE PORTION OF THE SIDE YARD THAT IS NOT FORWARD OF THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. .. RONALD A. DEVITO BOARD OF ADJUSTMENT CHAIRPERSON CITY OF SEBASTIAN ANY PERSON WI-IO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATI'ER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF Tt~ PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMON'f AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOK THIS MEETING SHOULD CONTACT/q'{E CITY'S ADA COOi:[DINATOR AT (561) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. TWO OR MORE CITY COUNCIL MEMBERS MAY BE IN ATTENDANCE OF THIS MEETIlqG. PUBLISI-[ED JANUARY 18, 1999 City of Sebastian 1225 MAIN STREET [] SF. BASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 E] FAX (561) 589-2566 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING FEBRUARY 2, 1999, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-8.5A(4) AND (5). ALAN SCHOMNfER, OWNER, IN REGARDS TO THE WASHINGTON PLAZA LOCATED 'AT 1108 TO 1140 U.S. 1, SEBASTIAN, FL, IS REQUESTING A VARIANCE TO ALLOW 27 PERCENT COMPACT PA1LKING SPACES AT THIS SITE, WHEREAS THE CODE ALLOWS A MAXIMUM OF 15 PERCENT. APPLICANT ALSO REQUESTS A VARIANCE TO REDUCE Ti--I~ REQUIRED NUMBER OF HANDICAP PARKING SPACES FROM THREE (3) TO TWO (2). RONALD A. DEVITO BOARD OF ADJUSTMENT CHAIRPERSON CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY ~ BOA.KD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF T~E PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIIVi RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR TH~S MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (561) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. TWO OR MORE CITY COUNCIL MEIvfl3ERS MAY BE IN ATTENDANCE OF THIS MEETING, PUBLISHED JANUARY 18, 1999 CITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING FEBRUARY 2, 1999 Chairman Devito called the meeting to order at 7:05 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Devito Andrew AIIocco Keith Miller(a) VChmn. Crockett Clive Beckwith(a) James Schmitz EXCUSED ABSENCE: Greg Gore ALSO PRESENT: Tracy Hass, Growth Management Director Richard Stringer, City Attorney Ann Brack, Secretary ANNOUNCEMENTS: Chmn. Devito announced that Greg Gore has an excused absence, and Mr. Beckwith(a) will be voting in his place. APPROVAL OF MINUTES: (1/5/99) MOTION by Schmitz/Beckwith I move we accept the minutes of the previous meeting as presented. A voice vote was taken. 5 - 0 motion carried. NEW BUSINESS: A. PUBLIC HEARING: 1) GROZA BUILDERS, iNC., in regards to Lot 20, Block 315, Sebastian Highlands Unit 13, is requesting a variance to allow a septic system within the rear yard, whereas the code requires the septic system to be placed in a front or side yard. Applicant is also requesting a variance to allow a well in the front yard, whereas the code would require the well to be located within either the portion of the side yard that is not forward of the front building line or within the rear yard. Mr. Tony Groza, 1417 S.W. Osprey Cove, Port Saint Lucie, FL, was present representing the applicant. He was sworn in by Chron. Devito at 7:08 pm. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF FEBRUARY 2, 1999 Mr. Groza gave a short presentation and noted that this variance is needed because of the placement of the surrounding septic tanks and drainfields. He noted that if it is not placed in the front, the lot becomes unbuildable. Chmn. Devito then swore in Tracy Hass. There were twenty-seven (27) notices of hearing sent, and there were no objection or non-objection letters received. Mr. Hass gave staff presentation and recommended approval of the well in the front yard and the septic system in the rear yard. Chmn. Devito asked if the well is being placed in a precarious area near the intersecting streets. This issue was discussed. Mr. Groza indicated that the loan for this house is a VA loan, which will not permit a well to be placed closer than twenty-five (25) feet from "poisoned" soil (termite pre- treatment), and this requirement eliminates the one other area where it could be placed. There was discussion of the drainfields in the rear yards and their proximity to the swale. There was no public in attendance so there was no one to speak for the public hearing. MOTION by Crockett/AIIocco I'd like to make a motion to approve, as the staff has laid it out here, with the way that it's drawn on the plot plan here, placement of the septic and the drainfield in the rear yard, and the well in the front yard, as shown on the plot plan that was submitted, at 832 Genesee Avenue, Lot 20, Block 315, Sebastian Highlands Unit 13, for Groza Builders. Roll call: Chmn. Devito - yes VChmn. Crockett - yes Andrew AIIocco - yes Clive Beckwith(a) - yes James Schmitz - yes The vote was 5 - O. Motion carried. 2) Alan Schommer, owner, in regards to the Washington Plaza located at 1108 to 1140 U.S. 1, Sebastian, FL, is requesting a variance to allow 27 percent compact parking spaces at this site, whereas the code allows a maximum of fifteen (15) percent. Applicant also requests a variance to reduce the required number of handicap parking spaces from three (3) to two (2). Chmn. Devito noted that he visited the site this afternoon, and some other members had visited the site before the previous meeting. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF FEBRUARY 2, 1999 Mr. Alan Schommer, 1460 56th Square West, Vero Beach, FL, was present and was sworn in by the Chairman at 7:24 pm. Mr. Schommer gave his presentation. He noted that this hearing tonight is to legitimize construction that was done in 1997, and plans that were approved in 1996. Two (2) handicap spaces were approved by the Planning Dept., and at last month's meeting, the City Attorney informed Mr. Schommer that he should have applied for variances for the handicap spaces and for the compact spaces. Tracy Hass gave staff presentation and recommended approval. He noted that Vic's Pizza had received a variance at the January meeting for their parking requirements as they are increasing the area of their restaurant (inside the building). There were fourteen (14) notices of hearing sent, and there were no objection or non- objection letters received. Chmn. Devito noted that there were no affected parties present. There was much discussion on the number of parking spaces presently at the site. It was determined that there are a total of fifty-five (55) spaces on this property. Mr. AIIocco referred to the "as-built drawing" and requested that a clean drawing be provided. Mr. Schommer stated that he will obtain a clean, accurate, as-built drawing for this Board. Mr. Hass noted that in 1997, he counted 57 parking spaces. Mr. Schommer indicated that no changes have occurred since 1997, but he will physically count the spaces himself. Mr. Stringer noted that this site has been approved for fifty-seven (57) spaces, and Mr. Schommer is responsible to provide this number and show them on a clean drawing. Mr. Stringer reminded Board members that this is a legitimately approved site plan and isn't significant to the variance, and this Board is dealing with how many spaces are permitted, but not where they are placed. If fifty-seven (57) spaces are not provided, then Code Enforcement will become involved. Mr. Schommer indicated that if another space needs to be identified, there is room to do that, and he indicated that there should be no problem bringing the parking area into compliance with the as-built design. Mr. Hass gave information on the history of this site and why this variance is being considered tonight to bring the site into its designated state. Mr. Stringer noted that the site plan is approved and cannot be changed, and this Board needs to approve what is on paper, and after that, Code Enforcement would become involved if the site design does not agree with the plan on the drawing. He then gave an explanation of why these variances are needed. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF FEBRUARY 2, 1999 There was more discussion. Mr. Stringer offered another explanation of the requirements of this Board. MOTION by AIIocco/Schmitz I'd like to make a motion that, subject to the Washington Plaza parking matter before this Board, the applicant has requested a variance to allow twenty-seven (27) percent compact parking spaces, whereas the code allows a maximum of fifteen (15) percent; this would allow fifteen (15) of the existing fifty-seven (57) spaces to be compact, that we pass this as presented, at 1108 through 1140 U.S. #1, Alan Schommer, and furthermore, that this be subject to the owner presenting satisfying code compliance, both by presenting a new drawing, and that code compliance is content with what exists on the drawing. Roll call: Chmn. Devito - yes VChmn. Crockett - yes Andrew AIIocco - yes Clive Beckwith(a) - yes James Schmitz - yes The vote was 5 - 0. Motion carried. MOTION by Schmitz/Beckwith I make a motion that Alan Schommer be granted the variance, at 1108 to 1140 U.S. #1, Sebastian, as to the reduction of the handicap parking spaces from three (3) to two (2). Roll call: Chmn. Devito - no VChmn, Crockett - yes Andrew AIIocco - yes Clive Beckwith(a) - yes James Schmitz - yes The vote was 4 - 1. Motion carried. MEMBERS MATTERS: Mr. AIIocco referenced his previous request for code books to be furnished to the Board members. He stressed the importance of this Board having up-to-date information. Mr. Hass explained the process that is being worked on to be able to provide these books. Mr. AIIocco then referenced the subject of the definition of a dwelling unit. Mr. Hass suggested that it might be best to consider this subject, and possibly issue a new ordinance on it covering an explicit definition. Research on how surrounding communities interpret this subject may be utilized on this project. Mr. Stringer gave an explanation of City Council discussion on this issue. 4 BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF FEBRUARY 2, 1999 There was discussion on whether or not to swear in Attorneys. There was also discussion on the issue of this Board getting cases that should have been handled or applied for in proper order - not after the fact, ELECTION OF OFFICERS: Chmn. Devito opened the meeting for nominations for Chairman. Mr. Beckwith nominated Mr. Devito. Mr. Devito nominated Mr. Crockett. Roll call: Chmn, Devito - Mr. Crockett Mr, Crockett - Mr. Devito Mr. Schmitz - Mr. Crockett Mr. AIIocco Mr. Crockett Mr. Beckwith(a)- Mr. Devito Mr. Crockett was elected Chairman with a 3 - 2 vote. Chron. Devito opened the meeting for nominations for Vice Chairman. Mr. AIIocco nominated Mr. Devito. Mr. Crockett nominated Mr. Beckwith, who declined. As there was only one nominee for Vice Chairman, Mr. Devito was elected. Chmn. Devito adjourned the meeting at 8:55 pm. AB) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 BOARD OF ADJUSTMENT MINUTES OF MEETING HELD FEBRUARY 2~ 1999 APPROVED AT MEETING HELD JUNE 1~ 1999, ANN BRACK, SECRETARY BOACS.DOC